Zimbabwe Court Bars Opposition CCC Members from Contesting in By-Elections

FILE — Nelson Chamisa, the President of Zimbabwe's main opposition Citizens Coalition for Change addresses supporters at a rally on the outskirts of the capital, Harare, on July 26, 2023.

HARARE — The Harare High Court on Thursday barred Citizens Coalition for Change opposition candidates from running in by-elections on Saturday, a verdict that could pave way for the ruling ZANU-PF party to get closer to changing the constitution.

The High Court decision was the latest twist in a battle for control of the CCC amid heightened political tensions in Zimbabwe.

Thursday's ruling favored Sengezo Tshabangu, a CCC member who claims to be party’s the interim secretary-general, despite the leadership saying he is an "impostor."

Using his position, Tshabangu, in October had the seats of 14 CCC lawmakers declared vacant by parliament.

The recalls triggered by-elections in nine constituencies that the CCC won during Zimbabwe’s disputed August general elections.

The recalled members of parliament sought to win their seats back in the new votes scheduled for Saturday. However, Tshabangu said they could not run under the CCC banner without his approval, a verdict approved by the court.

FILE— Sengezo Tshabangu at a CCC rally in Zimbabwe, May, 8, 2023

A Harare judge ordered the names of eight of the nine lawmakers be struck off the ballot.

CCC spokesperson Promise Mkwananzi said the party has turned to the nation's Supreme Court to appeal the High Court judgement.

Thursday's ruling showed "the kangaroo nature" of Zimbabwean courts and of the "total democratic regression" since President Emmerson Mnangagwa took office in 2017, Mkwananzi said.

"The courts of Zimbabwe have ceased to be a just and neutral arbiter of disputes and that is worrying," the CCC spokesperson said.

ZANU-PF victories in the by-elections would take it closer to the two-thirds parliamentary majority needed to amend the constitution. The nation’s ruling party is 10 seats short of the supermajority in the 280-member parliament.

Analysts believe ZANU-PF wants to remove a two-term presidential limit and allow Zimbabwe’s 81-year-old leader to cement his control over the nation.

Critics have long accused the ruling party, which has been in power since independence in 1980, of using the courts to silence opposition lawmakers and dissent, allegations vehemently denied by ZANU PF.

The CCC case has sharpened political tensions that have been high in Zimbabwe since the August 23 polls that international observers said fell short of democratic standards.

CCC's President Nelson Chamisa, a 45-year-old lawyer and pastor, says there was a campaign of intimidation against members his party, before and after the vote.

The opposition party says one activist was abducted on Wednesday, the latest in a series of similar incidents in recent weeks that saw one CCC supporter killed, and others snatched.

Chamisa has said Tshabangu is not a CCC member and that his party neither has a secretary-general nor has expelled or recalled any members of parliament.

Tshabangu, who has been called a ZANU-PF stooge by Chamisa's followers, says he looks to recall another 13 CCC lawmakers, a case that is currently before the nation's courts.